Also known as:child custodies · custody of child · custody of the child · custody · parental custody
Written by attorneys · grounded in primary & secondary sources — see below
A judicial determination allocating physical and legal control over a minor child to a parent or other custodian. The determination rests on the best interest of the child after consideration of all relevant factors.
Sources & Authorities
How it applies
Common Examples
6
Unauthorized Removal During Visitation
Cameron Cruz took his daughter from her mother's home without permission while exercising weekend visitation. The mother had sole physical custody under an existing order. Because the father obtained control without consent, the court treated the removal as trespassory and ordered immediate return while modifying the decree to restrict his access.
Initial Disclosures in Custody Litigation
Camila Cervantes filed for primary physical custody and listed school records and medical reports in her initial disclosures. The documents remained in her possession, custody, or control. She described their category and location so the father could evaluate her claims about the child's educational needs.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Station House Transport of Parent
Corinne Cho was taken from her workplace and driven to the station for questioning about alleged neglect. The transport amounted to an arrest requiring probable cause. Without it, the court suppressed statements and declined to rely on them when deciding temporary custody placement.
Binding Effect of In-State Order
Claire Campbell obtained a custody decree in State A after proper service on the father. The father later sought modification in State B. Because the original court had jurisdiction and afforded notice and hearing, the decree bound the parties on all decided issues.
Best-Interest Evaluation at Divorce
Cassandra Cooper and her spouse disputed custody of their two children during divorce proceedings. The court weighed each parent's wishes, the children's preferences, and evidence that one parent's conduct affected the parent-child relationship. It awarded primary physical custody to the parent whose arrangement best served the children's welfare.
Family Allowance for Minor Children
Clifford Cox died leaving two minor children in the care of their mother. The probate court awarded a family allowance from the estate to support the children during administration. The allowance supplemented the mother's custody rights by ensuring funds for their maintenance.
Common questions
Frequently Asked
4
What standard governs an initial child-custody award?+
The court determines custody according to the best interest of the child after considering all relevant factors, including parental wishes and the child's wishes.
When does a custody determination bind the parties?+
A custody determination made by a court with jurisdiction binds all persons properly served or notified who had an opportunity to be heard, and it is conclusive on decided issues unless modified.
Does a parent's unrelated misconduct affect custody?+
Conduct of a proposed custodian that does not affect the relationship with the child is not considered in the custody decision.
What distinguishes physical custody from legal custody?+
Physical custody designates where the child lives. Legal custody grants authority to make decisions about the child's upbringing.
5 U.S. (1 Cranch) 137 (1803)Property
…to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil commissions of such officers as do not hold their offices at the will of the President after the…